5946. Misbranding of canned tomatoes.   IX. S. v. 447 Cases and 160 Cases of Can¬
ned Tomatoes. Decrees of condemnation. Product ordered released 
under bond for relabeUng. (F. D. C. Nos. 10831, 11103. Sample Nos. 
53409-F, 53433-F.)
LIBELS FILED : September 28 and November 12, 1943, Southern District of West 
Virginia.
ALLEGED SHIPMENT:   On or about August 21, 1943, by the H. J. Moran Co.,  * 
Baltimore, Md.
PRODUCT:   607 cases of panned tomatoes at Charleston, W. Va.
LABEL IN PART:    "McGrath's Tomatoes   Marathon Champion Brand."
VIOLATION CHARGED: Misbranding, Section 403 (h) (1), the quality of the prod- 
uct fell below the standard for canned tomatoes prescribed by the regula- 
tions, since its drained weight was less than 50 percent of the weight of water 
required to fill the container, and because the peel per pound of canned toma- 
toes in the container covered an area of more than 1 square inch, and its label 
failed to bear a statement, in the manner and form that the regulations specify, 
that it fell below the standard.
DISPOSITION: The H. J. Moran Co. appeared as claimant and admitted the 
allegations of the libels. On October 15 and November 29, 1943, judgment of 
condemnation was entered and the product was ordered released under bond 
for relabeling.